{"id":19309,"date":"2023-10-30T18:55:32","date_gmt":"2023-10-30T18:55:32","guid":{"rendered":"https:\/\/mysourcefunding.com\/marketing\/lessons-in-nil-for-marketers-new-to-the-space\/"},"modified":"2023-10-30T18:55:33","modified_gmt":"2023-10-30T18:55:33","slug":"lessons-in-nil-for-marketers-new-to-the-space","status":"publish","type":"post","link":"https:\/\/mysourcefunding.com\/?p=19309","title":{"rendered":"Lessons in NIL for marketers new to the space"},"content":{"rendered":"

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It\u2019s been more than two years since the first NIL deals went live, but some marketers still see the space as the \u201cwild West,\u201d as a few sports attorneys and marketers put it.<\/p>\n

Maybe that\u2019s because the legal framework for NIL is still evolving: \u201cThe landscape was shifting as we learned it,\u201d as Ibotta CMO Richard Donahue put it. NIL rules also differ state to state, and brands can\u2019t work directly with schools to facilitate deals with athletes (although that could change).<\/p>\n

\u201cIt\u2019s a space that a lot of people are interested in, but at the same time, traditional marketers may still be a little bit cautious, unsure of what the rules are, how to navigate [them]…once they hear \u2018state-by-state rules,\u2019 a lot of national advertisers kind of turn off,\u201d Jim Johnston, sports and entertainment attorney at Davis+Gilbert, told Marketing Brew.<\/p>\n

Still, many brands have taken advantage of NIL\u2014an NCAA rule that lets student athletes profit off of their name, image, and likeness\u2014over the past few years. Companies ranging from American Eagle to Shake Shack have crafted campaigns centered on college athletes. As Johnston said, \u201cthe hurdles are not as significant\u201d as some marketers might expect.<\/p>\n

For those who might just be getting acquainted with student athletes, NIL experts advise keeping a few best practices in mind to avoid a false start.<\/p>\n

Back to the drawing board chalkboard<\/strong><\/h2>\n

Some marketers might want to revisit their school days before doing NIL deals: \u201cMy first advice is always do your homework on that particular student athlete,\u201d Ricardo Jackman, chair of the sports and entertainment practice at law firm Morris, Manning & Martin, said. That could involve scrolling through their social media profiles, a formal interview, or even asking for references in cases where student athletes have prior NIL experience, he said.<\/p>\n

\u201cInstagram is an athlete\u2019s r\u00e9sum\u00e9,\u201d Jason Bergman, co-founder and CEO of NIL marketplace MarketPryce, said. \u201cWe tell student athletes all the time: \u2018That\u2019s what brands are going to go look at no matter what.\u2019\u201d<\/p>\n

That homework also involves getting up to speed on the latest school, state, and NCAA regulations. For instance, brands and student athletes aren\u2019t allowed to use \u201cschool emblems\u201d in their campaigns, Jackman said, since those are trademarked by the schools and not included with NIL deals.<\/p>\n

When marketers are working on NIL deals, different state and NIL rules can impact what a brand is able to do, and it is \u201cworth being aware of how that might impact what they\u2019re asking for,\u201d Michael Isselin, partner in the entertainment and media group at law firm Reed Smith, said. By and large, though, lawyers we spoke to agreed brands likely don\u2019t have to change their NIL approaches from state-to-state, as legislation tends to have similarities across state lines.<\/p>\n

Honesty is the best policy<\/strong><\/h2>\n

Once brands shake hands with student athletes, it\u2019s best to be upfront and clear about specific goals, NIL experts said. \u201cNot a lot of brands do that,\u201d Bergman said. That\u2019s perhaps because some have approached their work with student athletes the same way they would an influencer campaign, Isselin said, despite the fact that they often require different considerations.<\/p>\n

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Marketing Brew informs marketing pros of the latest on brand strategy, social media, and ad tech via our weekday newsletter, virtual events, marketing conferences, and digital guides.<\/p>\n<\/div>\n<\/div>\n

\u201cI don\u2019t think that an advertiser or brand should be necessarily tasked with educating the student athletes that they\u2019re engaging [with], but don\u2019t set anybody up for failure,\u201d Isselin said.<\/p>\n

\u201cStudent athletes are amazing at following directions,\u201d Bergman said, so clear campaign objectives could go a long way. Jackman advised marketers to provide one-sheets that \u201cset the terms and expectations of what you want,\u201d including any details like hashtags that need to be included in posts, the numbers of posts required, and whether posts must be preapproved.<\/p>\n

There is one thing that marketers might not want to be too specific about: posting schedules. Student athletes are particularly busy, especially when they\u2019re in season, according to Danny Morrissey, co-founder of college sports marketing and branding agency Postgame, so brands should be flexible.<\/p>\n

Branch out<\/strong><\/h2>\n

So far, football players have been among the most popular for NIL deals, but several NIL experts said marketers would be remiss if they weren\u2019t also flexible with the roster of student athletes they\u2019re open to working with.<\/p>\n

\u201cThis isn\u2019t to say football players don\u2019t take partnerships seriously, but we see a lot of care and commitment from athletes that maybe aren\u2019t used to receiving dozens of deals a month or a week,\u201d Sam Weber, head of brand marketing and communications for NIL platform Opendorse, said.<\/p>\n

Ibotta did a deal with UConn basketball star Paige Bueckers this summer as part of its first foray into the world of NIL, according to Donahue. It went well enough that the cash-back app started a program last month that lets any college athlete who refers their followers to Ibotta make money.<\/p>\n

Kate Jungers, group account director at marketing agency Intersport, which developed 7-Eleven\u2019s first formal NIL program, said brands should have multiple conversations and keep an open mind. \u201cSometimes you build a list of target athletes, and then you go have some conversations and realize there may be other, better fits out there,\u201d she said.<\/p>\n

For instance, even within the world of football, a freshman may be a better fit than a senior, according to Jackman. They\u2019re likely more affordable at that stage of their career, he said, and have the potential to become \u201ca megastar\u201d in another year or two.<\/p>\n

Then, there\u2019s the chance they go on to professional fame. While NIL deals don\u2019t extend beyond college, Johnston pointed out that some have re-signed athletes once they\u2019ve gone pro.<\/p>\n

\u201cWhat if they become an Olympian?\u201d Jackman said. \u201cYou may still be able to have that reach in that relationship, and they\u2019ll still want to do business with you.\u201d<\/p>\n<\/div>\n

Read the full article here<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

It\u2019s been more than two years since the first NIL deals went live, but some marketers still see the space as the \u201cwild West,\u201d as a few sports attorneys and marketers put it. Maybe that\u2019s because the legal framework for NIL is still evolving: \u201cThe landscape was shifting as we learned it,\u201d as Ibotta CMO […]<\/p>\n","protected":false},"author":1,"featured_media":19310,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"content-type":"","footnotes":""},"categories":[78],"tags":[],"class_list":{"0":"post-19309","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-marketing"},"yoast_head":"\nLessons in NIL for marketers new to the space | Brandiary<\/title>\n<meta name=\"description\" content=\"It\u2019s been more than two years since the first NIL deals went live, but some marketers still see the space as the \u201cwild West,\u201d as a few sports attorneys\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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